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Home My WebLink AboutResolution 5431CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 1 A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 1801 AND 1849 WEST FARM ROAD FILE #06-3175 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations .for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by James Pierpont and Judith Pierpont, husband and wife, and Joseph C. •Cerny, Jr. and Inger Cerny, husband and wife (collectively hereinafter "the applicants") of properties legally described as: Exhibit A attached Hennepin County, Minnesota (hereinafter "the properties"); and WHEREAS, the properties consist of two tax parcels, the first being owned by the Pierponts and identified as PINS #27-118-23-44-0016, referenced hereinafter as "1801 West Farm Road"; the second being owned by the Cernys and identified as PINS #27-118-23-43-0016, referenced hereinafter as "1849 West Farm Road"; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 21, 2006 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed or have agreed to complete all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the two properties, as shown in the survey attached as Exhibit `B" and resulting in a new legal description for each parcel as shown in Exhibit "B"; and Page 1 of 3 • C] CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 3 1 WHEREAS, 1801 West Farm Road was approved for a nonconforming lot width as measured at the rear of the front yard when it was created with the plat of The Farm At Long Lake in 1978 under the current 2 -acre zoning standards. As a result of the proposed subdivision, 1801 West Farm Road will become less nonconforming as to lot width, and 1849 West Fann Road will remain conforming in lot width; and WHEREAS, the applicants have requested vacation of the existing drainage and utility easement along the existing shared boundary of Lots 14 and 15, The Farm At Long Lake, and have agreed to dedication of new drainage and utility easements along the new boundary; and WHEREAS, the applicants have been advised that the resulting dry buildable acreage for 1801 West Farm Road will be less than the 4.0 dry buildable acres required to support a guesthouse on the property, and the Pierponts have obtained a Conditional Use Permit for Plumbing in an Accessory Structure and have complied with the conditions of the Resolution approving such use. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the applicants as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Iiic. dated September 16, 2003, as attached in Exhibit `B", subject to the following conditions: Applicants shall provide a title opinion for the properties confirming ownership and encumbrances. 2. Applicants shall dedicate to the public an appropriate drainage and utility easement along the new property line. 3. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 27, 2006 together with a certified original copy of this resolution. This resolution shall not be released for filing until City receipt of a written filing release from applicant Joseph C. Cerny, Jr. 4. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5Q 31 Adopted by the City Council of Orono, Minnesota this 27th day of February, 2006. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this T1 day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporati • and said instrument was executed on behalf of the City. 1:1.,/'1.FIJJJ/•/l.�•/Il�.✓^-/rl�ll•�l✓ll STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ,! day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 •0 0 1 1 • Page 3 of 3 • EXISTING LEGAL DESCRIPTIONS EXHIBIT A RESOLUTION NO. 5431 1) Lot 14, Block 1, THE FARM AT LONG LAKE 2) Lot 15, Block 1, THE FARM AT LONG LAKE ALSO That part of Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota lying southerly of the north •104.72 feet and northerly of the following described line: Crnmencing at the southwest corner of said Lot 16; thence North 02 degrees 12 minutes 03 seconds East, assumed bearing, along the West line of said Lot 16, 101.24 feet to the point of beginning; thence South 87 degrees 47 minutes 57 seconds East, 277.16 feet; thence North 84 degrees 53 minutes 26 seconds East, 434.32 feet to d point on the -northeasterly line of said Lot 16, distant 355.57 feet southeasterly of the northeast corner of said Lot 16 and there • terminating. • 99" -£Li -296 -XVJ TW-£LIV-298 sNOHj "" rl 99£99 NK 1XVI DNO'I NAME AIO'I'IIY •H 9i'i' tee -so Ma suNN67,d QtiV'I'£2s:Ox3mis QNV'I'saaa I0N3'IIAIO as -.t tilos sa/�rq/a w°�t z O ♦ r ♦ a z O . 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